What is Illegal Retaliation?

It is illegal for an employer to retaliate against an employee who has made a  discrimination or sexual harassment claim, or who has filed a charge with the California Department of Fair Employment and Housing or the Equal Employment Opportunity Commission, or who has participated in a sexual harassment investigation as either a complainer or a witness,  Read More …

Third Party Rights to Bring Retaliation Claims

In the case of Thompson v. North American Stainless, LP, the plaintiff, Thompson, claimed he was fired by his employer in retaliation for his fiancé’s filing of an EEOC complaint against the same employer. On January 24, 2011, the US Supreme Court unanimously held that Title VII of the Civil Rights Act protects a third-party  Read More …

Duty to Investigate Sexual Harassment Complaints

Employers in California have a duty to take all reasonable steps necessary to prevent discrimination and harassment from occurring. Cal. Gov. Code § 12940 (k). As part of this statutory duty, employers must take immediate and appropriate corrective action to stop sexual harassment. A prompt investigation of a sexual harassment claim is a necessary step  Read More …